China Custom Manufacturing Inc. v. United States

Summary

The United States Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s decision sustaining the Department of Commerce’s ruling that China Custom Manufacturing’s solar panel mounts were subject to antidumping and countervailing duty orders covering aluminum extrusions from China. The court held that the mounts were parts or subassemblies of a downstream solar panel mounting system and therefore did not qualify for the orders’ finished merchandise or finished goods kit exclusions.

Holdings

1. A part or subassembly of a downstream product cannot qualify as a finished product or for the orders' finished merchandise exclusion.
2. Subassemblies may be excluded from the orders only when imported as part of a finished goods kit containing all required components to assemble the final finished good and ready for assembly as is.
3. Commerce's determination that CCM's solar panel mounts were within the orders' scope and ineligible for the finished merchandise exclusion was supported by substantial evidence and in accordance with law.

Questions Presented

1. Whether CCM's solar panel mounts qualified for the finished merchandise exclusion from the antidumping and countervailing duty orders.
2. Whether Commerce properly treated the solar panel mounts as parts or subassemblies of a downstream solar panel mounting system.
3. Whether Commerce's scope ruling was supported by substantial evidence and in accordance with law.

Disposition

affirmed